Terms of Service

1. Introduction

Please read these Terms of Service ("Terms") carefully before using the resources provided by Senplicity, Inc. (the "Company"), applying to become an insurance agent, or seeking affiliation with the Company.

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IMPORTANT NOTICE: These Terms include an arbitration agreement, waivers of jury trials and class actions, limitations of liability, and other provisions affecting your legal rights. Please read them carefully.

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2. Use of Company Resources

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Your access to and use of the Company's website, customer relationship management software, agent portal, leads, and any commissions or compensation received from affiliated insurance carriers (collectively, "Resources") are subject to these Terms. These Terms apply to all insurance agents selling or marketing products in connection with the Company or its Resources.

By using the Company’s Resources, you agree to comply with and be bound by these Terms. If you disagree with any part, you must immediately notify the Company and cease your relationship with it.

All Resources are provided "as is," with no express or implied warranties regarding their accuracy, completeness, or performance.

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3. Restrictions on Lead Usage & Marketing Practices

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In your role as an insurance agent, you must not:

• Sell any leads purchased from or acquired with the assistance of the Company unless expressly authorized.

• Use or engage others to use autodialers, spam texts, prerecorded messages, artificial voice calls, or telemarketing services.

• Purchase or use leads generated via unauthorized telemarketing methods.

• Contact leads without proper consent or without screening against federal and state Do-Not-Call (DNC) lists.

• Contact leads who have opted out of communications.

• Engage in marketing practices that violate applicable federal or state laws, including but not limited to:

  • The Telephone Consumer Protection Act ("TCPA")

  • The Telemarketing Sales Rule ("TSR")

  • The CAN-SPAM Act

  • The Health Insurance Portability and Accountability Act ("HIPAA")

  • The California Consumer Privacy Act ("CCPA")

  • Any relevant Medicare laws or regulations.

• If selling Medicare Advantage, Medicare Part D, or MAPDP products, you must also comply with additional guidelines, including:

  • No unsolicited phone calls, text messages, or door-to-door solicitation.

  • No misleading or unapproved marketing materials.

  • Proper documentation of Scope of Appointment before telephonic or in-person marketing meetings.

  • No enrollment of Medicare Advantage members via outbound calls.
     

4. Communication with Agents

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By affiliating with the Company, you authorize it to contact you regarding insurance products via phone, email, text, voicemail, or other communication methods. You may opt out of communications by notifying the Company.

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5. Independent Contractor Status

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Unless classified as an employee, Company agents operate as independent contractors and are not employees of the Company. Independent contractors determine their methods, manner, and means of performing services. These Terms do not establish a partnership, joint venture, or employer-employee relationship.

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6. Trademarks & Intellectual Property

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The Company’s name, logo, and associated product or service names are trademarks owned by the Company, its affiliates, or licensors. Unauthorized use of these trademarks is prohibited. Other trademarks appearing on the Company’s website belong to their respective owners.

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7. Indemnification

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You agree to defend, indemnify, and hold the Company harmless against any claims, liabilities, damages, judgments, or expenses (including attorney fees) resulting from your violation of these Terms or improper use of the Resources.

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8. Limitation of Liability

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To the extent permitted by law, the Company and its affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages related to the use of Resources. Additionally, the Company’s total liability shall be limited to the greater of $1,000 or the amount you paid for access to the Resources.

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9. Dispute Resolution & Arbitration

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Any dispute arising under these Terms shall be resolved through binding arbitration administered by the American Arbitration Association ("AAA") in Dallas, Texas. You waive your right to a jury trial and to participate in class actions.

If the parties cannot agree on an arbitrator within seven (7) days of initiating arbitration, AAA will appoint one. The arbitrator’s award must comply with the limitations stated in Section 8 (Limitation of Liability).

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10. Data Security & Enforcement

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The Company’s failure to enforce any provision of these Terms does not constitute a waiver of future enforcement rights. If a court finds any provision unenforceable, the remainder of the Terms remains in effect.

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By using the Company’s Resources, you acknowledge and agree to these Terms.